DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 10-13 and 18-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/27/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the actuator that is capable of moving both the closing device and translate the container holder to change the receiving space disclosed in claims 1 and 3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 and 14-17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “one of the container holder” multiple times. This limitation lacks antecedent basis. It is unclear if this is referring to the “a container holder” or another container holder not yet recited. For examination it will be interpreted as --the container holder--.
Claim 2 “wherein the actuator is configured to, in response to the receiving space being filled with coffee beans, transition the closing device from the closed state to feed the coffee beans from the receiving space to the grinder.” It is unclear how the actuator transitions the closing device from the closed state to feed the coffee beans to the grinder. What state of the closing device (element 243, Fig. 1) allows for the beans to be fed from the receiving space to the grinder? Currently, the closing device is above the receiving space, so in an open or closed state, it is not capable of feeding the beans to the grinder. Unless applicants are referring to a second closing means (247, Fig. 1) below the receiving space which when opened is able to feed the beans to the grinder. Based on the language “feed the coffee beans from the receiving space to the grinder,” the Office will interpret that applicants are referring to a second closing means (247) which when opened will feed the beans to the grinder.
Claims 3-9 and 14-17 rejected due to dependency.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Oss (US 20120024160 A1).
Claim 1. Van Os discloses a coffee machine (coffee brewing apparatus 1, Fig. 1) comprising:
a housing (system 1, Fig. 1); and
a coffee bean container receiving arrangement (connecting means 4, Fig. 1);
a grinder configured to grind coffee beans (grinder 6); and
a detection device (sensor 21 as a detection means for an id element, par. 87);
wherein the coffee bean container receiving arrangement comprises:
a container holder configured to receive a coffee bean container (dosing device 23 which receives the coffee bean cartridge 3, Fig. 1); and
an actuator arranged and configured to move a closing device (electromagnetic closing mechanism 12B, par. 83), disposed on one of the container holder and the coffee bean container (12B is on one side of the coffee beam cartridge 3, Fig. 1), between an open state and a closed state and vice versa, wherein the closing device is configured to selectively close or release an inlet opening defined by one of the container holder or the coffee bean container (electromagnetic closing mechanism 12B closes a coffee beam exit opening 11 of the beam cartridge 3, par. 83);
wherein the actuator is configured to move the closing device from the open state to the closed state after an adjustable period of time in order to thereby preset a quantity of coffee beans that are fed to the grinder (the dosing and closing mechanism can be controlled depending on the identifier that was read by the second sensor, par. 87; the dosing device which comprises the conveyor means and movable closing means is controlled by a timer to transport the predetermined amount of coffee beans, par. 96);
wherein the detection device is configured to detect and read an identification of the coffee bean container (sensor 21 as a detection means for an id element on the exterior of the cartridge 103, par. 94) and
wherein the coffee machine is configured to adjust the adjustable period of time after the closing device is moved from the open state to the closed state depending on the detected identification of the coffee bean container (the dosing and closing mechanism can be controlled depending on the identifier that was read by the second sensor, par. 87; the dosing device which comprises the conveyor means and movable closing means is controlled by a timer to transport the predetermined amount of coffee beans, par. 96).
Claim 6. Van Oss discloses the coffee machine of claim 1,
wherein the coffee machine is configured to be selectively operated with one coffee bean container of a plurality of interchangeable coffee bean containers (cartridges 1103 can be exchanged with different cartridges, par. 10 and 136).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-4 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Oss
Claim 2. Van Oss discloses the coffee machine of claim 1,
wherein the container holder encloses a receiving space (dosing device 23 has a dosing chamber 535, Fig. 6) for receiving the coffee beans;
wherein the
wherein the actuator is configured to, in response to the receiving space being filled with coffee beans, transition the closing device from the closed state to feed the coffee beans from the receiving space to the grinder (dosing means comprises the relatively movable closing means, par. 96, wherein the embodiment, Fig. 6, a motor may drive slidable gate to open and close the outlet of the dosing chamber, par. 117 and 127, see 112b rejection for interpretation).
Van Oss does not disclose that the actuator moves the detection carrier up and down.
Van Oss discloses using motors to drive the various actuators and moving gates (par. 101 and 119)
It would have been obvious to one of ordinary skill in the art to take Van Oss’s teaching and also have the adjustable detection carrier be moved by an actuator.
Claim 3. Van Oss discloses the coffee machine of claim 2,
wherein the actuator is further configured to translate the container holder with respect to the housing to change the size of the receiving space (dosing means has an adjustable detection carrier 541 which can be moved up and down to change the size of the receiving space, par. 118, Fig. 6).
Claim 4. Van Oss discloses the coffee machine of claim 2,
further comprising:
a receiving cup (dosing chamber 535, Fig. 6) movably connected to the container holder (dosing chamber is connected to the adjustable detection carrier 541, Fig. 6),
wherein the receiving space is collectively defined by the receiving cup, the container holder, and the closing device being in the closed state (the dosing chamber’s space is defined by the slidable gate 537, chamber 535, and the detection carrier 541, Fig. 6).
Claim 16. Van Oss discloses the coffee machine of claim 2, wherein the actuator is further configured to move a shell surface of the container holder to change the size of the receiving space (dosing means has an adjustable detection carrier 541 which can be moved up and down to change the size of the receiving space, par. 118, Fig. 6).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Oss as applied to claim 1 above, and further in view of Barnett (US 6095032 A).
Claim 5. Van Oss does not disclose the coffee machine of claim 1,
further comprising:
a strainer arranged to collect ground coffee from the grinder (); and
a tamper configured to exert a compressive force on the ground coffee disposed in the strainer to cause a homogeneous surface and a homogeneous surface thickness of the ground coffee disposed in the strainer.
Van Oss further discloses that the brewing device 7 may be used to make espresso (par. 84).
Barnett discloses a coffee machine for brewing espresso wherein the filter 14 (Fig. 1) receives ground coffee from the grinder 24, and the ground coffee is uniformly tamped with the pressing tool 50 (col 6 lines 60-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Oss to incorporate the teachings of Barnett and have a filter and tamper. Doing so would have the benefit of making a high quality espresso drink with a uniformly tamped ground coffee.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Oss in view of Barnett as applied to claim 5 above, and further in view of Kuempel (WO 2015/073732 A1).
Claim 14. Van Oss in view of Barnett does not disclose the coffee machine of claim 5, wherein the strainer includes
a coating configured to provide a thermal insulation between the strainer and a strainer support of the coffee machine
Kuempel discloses that the brew chamber may have a food-safe coating, par. 130, wherein any coating will provide some thermal insulation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Oss in view of Barnett to incorporate the teachings of Kuempel. Doing so would have the benefit of making the chamber food-safe.
Claim(s) 7-9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Oss as applied to claim 1 above, and further in view of Polti (EP 2789275 A1) and Kuempel (WO 2015/073732 A1)
Claim 7. Van Oss discloses the coffee machine of claim 1,
further comprising:
a water reservoir (water supply 10, par. 84) provided with a housing (water supply 10, Fig. 1) and
Van Oss does not disclose a piston, the piston configured to be driven by an actuator to move within the housing and to force a fluid, disposed in the housing, out of the housing through an outlet opening.
Van Oss further discloses the brewing device may be a drip machine or espresso style device (par. 84)
Polti discloses a coffee machine (par. 60, Fig. 1) wherein a dosing chamber receives the coffee capsule 7 (par. 12) and a piston exerts a compressive force on the coffee capsule (par. 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Oss to incorporate the teachings of Suzuki and provide a piston. Doing so would have the benefit of extracting coffee at high pressure (par. 8, Suzuki).
Van Oss in view of Polti does not disclose loose ground coffee in the strainer.
Kuempel discloses a coffee machine wherein loose grounds are placed in the brew chamber 140 wherein a piston 170 forces the water in the chamber to push through the filter (par. 21, Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Oss in view of Polti to incorporate the teachings of Kuempel.
One of ordinary skill in the art would know that a piston can force water through loose coffee grounds and a filter to brew coffee.
Claim 8. Van Oss in view of Polti and Kuempel discloses the coffee machine of claim 7,
further comprising:
at least one heating element disposed on the water reservoir and configured to heat the fluid disposed in the water reservoir to a predetermined temperature (water heating means 4 with a tank and heater to precisely heat the water to the desired temperature, par. 21-23, Polti).
Claim 9. Van Oss in view of Polti and Kuempel does not disclose the coffee machine of claim 7,
further comprising:
a first sensor configured to detect a flow profile of the fluid at the outlet opening of the housing of the water reservoir.
Kuempel discloses a flow sensor arranged between the water tank and the brew chamber to measure the volume of water displaced (par. 60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Oss in view of Polti and Kuempel to incorporate the teachings of Kuempel and have a flow sensor. Doing so would have the benefit of measuring the volume of water displaced into the brew chamber (par. 60, Kuempel).
Claim 17. Van Oss in view of Polti and Kuempel does not disclose the coffee machine of claim 9, further comprising:
a second sensor configured to sense a force applied by the actuator to the piston.
Kuempel further discloses a pressure sensor between piston and lever to determine the pressure applied by the lever (par. 136).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Oss in view of Polti and Kuempel to incorporate the teachings of Kuempel and have a pressure sensor. Doing so would have the benefit of determining the pressure applied by the lever (par. 136, Kuempel).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Oss as applied to claim 1 above, and further in view of Kuempel.
Claim 15. Van Oss discloses the coffee machine of claim 1, further comprising:
a control unit (controller 36); and
Kuempel discloses a coffee machine wherein brewing parameters for each brew cycle can be adjusted based on machine and environment information (par. 24) wherein the machine and environmental information are obtained by sensors, e.g. thermistor in the coffee machine (par. 24 and 52, wherein the thermistor can be used to measure the brew chamber wall, par. 131).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Oss to incorporate the teachings of Kuempel and sensors that detect a brew parameter which is used to adjust the brewing recipe. Doing so would have the benefit of adjusting the recipe based on current machine parameters/information (par. 24, Kuempel).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIMPSON A CHEN whose telephone number is (571)272-6422. The examiner can normally be reached Mon-Fri 8-5.
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/SIMPSON A CHEN/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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